Free Flow of Information Act of 2013 - (Sec. 2) Prohibits a federal entity (an entity or employee of the judicial or executive branch or an administrative agency of the federal government with the power to issue a subpoena or other compulsory process), in any proceeding or in connection with any issue arising under federal law, from compelling a covered journalist to disclose protected information, unless a U.S. judge in the jurisdiction where the compulsory process has been or would be issued determines, after providing notice and an opportunity for the journalist to be heard, that all reasonable alternative sources have been exhausted and that separate specified conditions have been met depending on whether the matter is a criminal investigation or prosecution. (Thus, establishes a qualified privilege for journalists to withhold confidential information unless a judge makes a determination to compel disclosure under conditions that apply differently in criminal and civil matters.)
Defines a "covered journalist" as a person who:
Provides for supervisors, editors, employers, parent companies, subsidiaries, or affiliates of such persons to be treated as covered journalists.
Authorizes a U.S. judge to provide the protections of this Act to a person who does not meet the definition of a covered journalist if such protections would be in the interest of justice and necessary to protect lawful and legitimate news-gathering activities.
Excludes from the definition of a "covered journalist": (1) any person or entity whose principal function is to publish primary source documents that have been disclosed to such person or entity without authorization; and (2) specified foreign powers or agents of foreign powers, members or affiliates of foreign terrorist organizations, specially designated global terrorists, and other terrorist organizations or people reasonably likely to commit, attempt, or provide support for terrorism.
Defines "protected information" as:
Requires, as a prerequisite for compelled disclosure in a criminal investigation or prosecution, a determination by the judge that:
Requires, in matters other than criminal investigations or prosecutions, based on public information or information obtained from a source other than the covered journalist, a determination by the judge that:
Prohibits such compelled disclosure conditions from precluding: (1) warrant requirements for certain communications under the Electronic Communications Privacy Act, or (2) search and seizure procedures set forth in the Federal Rules of Criminal Procedure.
(Sec. 3) Provides an exception from such judicial determination requirements, and thereby makes the qualified privilege inapplicable, for compelled disclosures of information or items obtained as the result of the eyewitness observations of, or obtained during the course of, alleged criminal conduct by the covered journalist , including any physical evidence or visual or audio recording of the conduct.
Prohibits such exception from applying, and instead requires the appropriate judicial determinations for compelled disclosure, subject to other specified exceptions, if the alleged criminal conduct is the act of communicating the documents or information at issue (thereby preempting certain provisions of Privacy Protection Act of 1980 relating to the seizure of materials when there is probable cause to believe that a member of the media has committed a crime by receiving, possessing, or communicating national defense or classified information).
(Sec. 4) Provides an additional exception from judicial determination requirements, and thereby makes the qualified privilege inapplicable, for compelled disclosures of protected information that is reasonably necessary to stop, prevent, or mitigate a specific case of death, kidnapping, substantial bodily harm, certain offenses against minors, or the incapacitation or destruction of critical infrastructure.
(Sec. 5) Sets forth a separate framework of judicial findings for a court to make under a preponderance of the evidence standard to compel disclosure of protected information sought by the federal government in criminal investigations or prosecutions involving an act of terrorism or other acts that have caused, or are reasonably likely to cause, significant and articulable harm to national security, including a standard designated specifically for matters involving an alleged unlawful disclosure of properly classified information.
Directs federal courts, in determining what constitutes harm to national security, to give appropriate deference to a specific factual showing submitted by the head of any executive branch agency concerned.
Prohibits such compelled disclosure based solely on the potential for a subsequent unlawful disclosure by the source sought to be identified without any showing of additional facts beyond such potential disclosure.
(Sec. 6) Requires the compelled disclosure standards and exemptions under this Act to apply in the same manner when information from the account of a person known to be, or reasonably likely to be, a covered journalist is sought from a covered service provider. Provides an exception from certain compelled disclosure requirements with respect to service providers when the Federal Bureau of Investigation (FBI) requests telephone toll and electronic communications transactional records for counterintelligence purposes, thereby enabling such disclosure to be compelled without reasonable grounds to believe that a crime has occurred and without a certification from the Attorney General.
Defines "covered service provider" as:
Requires a covered journalist to be given notice, and an opportunity to be heard, before a judge may compel disclosure from such service providers.
Permits notice requirements to be delayed if the judge determines by clear and convincing evidence that such notice would: (1) pose a clear and substantial threat to the integrity of a criminal investigation, (2) risk grave harm to national security, or (3) present an imminent risk of death or serious bodily harm.
Specifies that a substantial threat to the integrity of a criminal investigation exists when the target of the investigation may learn of the investigation and destroy evidence if notice is provided.
Allows the court to extend the delay of notice under specified circumstances.
(Sec. 7) Prohibits this Act from superseding, diluting, or precluding any law or court decision addressing compelled disclosure by a covered journalist or service provider of: (1) information identifying a source who provided information without a promise or agreement of confidentiality made by the covered journalist as part of engaging in journalism; or (2) records, other information, or contents of a communication obtained without a promise or agreement of confidentiality.
(Sec. 8) Allows a judge to: (1) receive and consider submissions from the parties in camera or under seal and, if necessary, ex parte; and (2) find a journalist to be in civil or criminal contempt for a failure to comply with an order compelling disclosure of protected information.
Requires courts of appeal to provide an expedited appeal process.
(Sec. 9) Prohibits this Act from being construed to: (1) preempt any law or claim relating to defamation, slander, or libel; (2) modify privacy requirements relating to a federal agency's disclosure of records pertaining to individuals; (3) modify certain grand jury secrecy rules; (4) create new obligations or affect the authorities of federal entities with respect to the acquisition or dissemination of information under the Foreign Intelligence Surveillance Act of 1978 (FISA); or (5) preclude voluntary disclosure of information to a federal entity in a situation not governed by this Act.
(Sec. 10) Directs the DOJ Inspector General to conduct an audit of the use of this Act through December 31, 2016, and to report to Congress regarding its examination of: (1) each instance in which a court failed to compel the disclosure of protected information, and (2) whether any procedural impediments have had a detrimental operational impact on the activities of the FBI. Permits the Attorney General and the Director of National Intelligence (DNI) to provide comments to be included in such report.